[1989]DLHC2219 • February 28, 1989 • High Court
BAIDEN vs. TANDOH AND OTHERS
The plaintiff seeks a declaration of title to a disputed piece of land sharing a common boundary with the defendants' land. The defendants have leased over 500 acres of the disputed land to a company cultivating palm plantations. The plaintiff applies for an interim injunction to restrain the defendants and their agents from interfering with the disputed land pending final determination.
read moreJUDGMENT OF KPEGAH J. This is an application for an order of interim injunction to restrain the defendants, their agents, servants and representatives “from having anything to do with the disputed land pending the final determination of this suit.” In her writ of summons, the plaintiff is seeking a declaration of title to a certain piece of land therein described. It is clear from the description that the plaintiff’s and the defendants’ family have a common boundary and the issue is where this boundary is to be fixed, or its correct position is. In support of her application, the plaintiff sought to rely on certain documents, including a previous judgment in favour of one Mrs Mary Brew through whom the plaintiff is claiming the disputed land. This felow, the plaintiff says is her predecessor in title and shares boundary with the defendants’ land. This explains the common boundary between the parties. It is also admitted that the defendants have leased over 500 acres of the ...